Law News from December 2020 for Students and Advocates


31st December, 2020 (Thursday)

1. The High Court of Bombay has granted bail to a man who is accused of committing rape to a woman at the direction of her husband. Full Story

Bare Act PDFs

2. Yesterday, the High Court of Delhi has stayed the Central Government’s notice to vacate the government residence given by them to Padma Vibhushan popular Kathak artist Pandit Birju Maharaj. As per the centre’s notice, Pandit Birju Maharaj was supposed to vacate the government house by December 31, 2020. Full Story

30th December, 2020 (Wednesday)

1. A PIL has been filed in the Supreme Court looking for directions to restrict the sale of fake vaccine for COVID-19 and frame guidelines under the Disaster Management Act, 2005. Full Story

2. The State Government’s response has been sought by the High Court of Madhya Pradesh on a petition that was filed by Mohammed Ganja aka Hasnain Quaraishi challenging the action against him under the National Security Act (NSA). The State Government has also been asked to reply in this regard within two weeks. Full Story

3. Punjab and Haryana HC has recently held that just because the boy is not of marriageable age (though major) the right of the petitioners to live together cannot be denied. Full Story

4. The High Court of Himachal Pradesh has dismissed a regular bail application that was directed by a man accused of raping a 15-year-old minor girl who was allegedly raped by six other men, including the petitioner. A single-judge bench of Justice Anoop Chitkara said that “On merits, given the allegations levelled by a child aged 15 years alleging rape by as many as seven young males including the petitioner is not a case for bail.” Full Story

Bare Act PDFs
29th December, 2020 (Tuesday)

1. The Central Government has been directed by the High Court of Calcutta to open more CFSL (Central Forensic Science Laboratory) Centres in the State for expeditious forensic examination during criminal investigations. The Court also directed them to set up exclusive DNA outlets. Full Story

2. On December 22, the High Court of Bombay has granted bail to a 20-year-old boy who was accused under the POCSO Act. The Court observed that the purpose of the rehabilitative sentencing is to reform the offender as a person. However, the accused will have to continue to undergo counselling at the hands of Clinical Psychologists, and it will be catered to by the Sassoon General Hospital, Pune. Full Story

3. Installation of Bird Diverters has been directed by the National Green Tribunal on power lines to protect the critically endangered Great Indian Bustard (GIB). The Court also stated that “Under-grounding of transmission lines needs to be insured for all new projects henceforth, as recommended by the six-member expert committee, by making it a mandatory condition for grant of consents under the Water/Air Acts by the concerned State PCBs which may be overseen by the CPCB and the MoEF&CC.” Full Story

4. The Union Ministry of Road Transport and Highways (MORTH) has amended the Motor Vehicles Rules, 1989. The amendment is proposed to make front passenger airbags mandatory for vehicles manufactured after April 2021 (in case of the new model) and June 2021 (in case of new cars of existing models). The draft rule in this regard was notified on December 28. Full Story

28th December, 2020 (Monday)

1. The High Court Bar Association of Allahabad has directed a letter to the Chief Justice of Allahabad High Court requesting him to take suo motu cognizance of the recent incident that took place at Etah, Uttar Pradesh. The letter also mentions passing appropriate orders to maintain law and order of the state. The police had broked and opened the door of an advocate’s house, and they dragged and pulled him out of his house and have assaulted him. Full Story

2. Yesterday, an Advocate Amarjit Singh of Jalalabad Bar Association of Punjab had died a few kilometres from the site of a farmers protest at Tikri border. In the suicide note titled “Letter to Modi, the Dictator” by Singh, he said that he was sacrificing his life in support of farmers agitating against the new farm laws so that the government is forced to listen to the voice of the people. Full Story

3. The State government has been directed by the High Court of Bombay to pay Rs. 50,000 each as compensation to two people that were detained illegally in Beed district of Aurangabad division for six days in 2013. In such cases, the Court observed that the State is required to obtain an explanation from the responsible authority and fix some kind of responsibility. Full Story

26th December, 2020 (Saturday)

1. The bench of Justice Sudhanshu Dhulia and Justice Ravindra Maithani of the High Court of Uttarakhand has directed the District Magistrate of Haridwar to ask from the authorities why they have not processed the application of Anjali, also known as Afsana for conversion. Police protection has also been provided to her and her Hindu husband. The application was filed by Anjali and her husband. Both the petitioners are from different religions, and Anjali has converted herself to her husband’s religion. Full Story

2. The Director of a Private School in Dwarka has been summoned by the High Court of Delhi for voluntary negligence, resulting in sexual assault of a four-and-a-half-year-old girl in 2017 by her classmate. The court also observed that CCTV cameras were to be installed as per the Directorate of Education guidelines but were not present in the classroom. Full Story

3. The Big Bazar has been directed by the National Consumer Disputes Redressal Commission (NCDRC) to quit its unfair trade practise of imposing an additional cost of carry bags on the consumer at the time of payment. Dismissing the revision petition filed by it, the Commission stated that a consumer has the right to know that there will be an additional cost for the carry bag and to know the salient features and also the price of the carry bag. Full Story

4. It has been held by the High Court of Kerala that the principle of ‘res ipsa loquitor‘ will apply in cases of medical negligence if a patient suffers a complication which is not contemplated normally. Res Ipsa Loquitor is a principle that the mere occurrence of some types of accident is sufficient to imply negligence. The observation was made while dealing with a case of a 29-year-old man who became paraplegic and lost his sound after undergoing surgery for the removal of kidney stones. Full Story

25th December, 2020 (Friday)

1. An Investigating Officer connected with the cases that arose due to the Delhi riots over the CAA has been summoned by the High Court of Delhi today. He is also required to produce the entire video footage of the raids conducted by Delhi police at the office of the advocate appearing in the matter on Thursday. Full Story

2. The High Court of Delhi has convicted SriLankan Airlines for violating the Sexual Harassment at Workplace (Prevention, Prohibition & Redressal) Act, 2013. The Court stated that the Airline has violated Section 4(1) of the Act which requires every organisation with 10 or more employees to have an Internal Committee (IC) in place to deal with the complaints related to sexual harassment within the workplace, thereby convicting the Airline in terms of Section 26 of the Act. Full Story

3. The High Court of Delhi has been directed by the Government of Delhi to reduce the reservation of ICU beds for COVID-19 patients in 33 private hospitals from 80% to 60%. However, the number of ICU beds for COVID-19 patients will remain the same in Government hospitals of Delhi. Full Story

4. The High Court of Jammu & Kashmir has directed the health professionals of Union Territories of Jammu and Kashmir, and Ladakh to stop practising the two-finger test on rape victims. The Court has also directed the courts in two Union Territories not to reveal the identity of survivors in proceedings and judgements. Full Story

24th December, 2020 (Thursday)

1. The Supreme Court recently clarified that an absolute ban cannot be imposed on anticipatory bail in cases of illegal mining, theft and smuggling of sand and minerals, and each case has to be considered on merit. During an SLP hearing that arose out of the October 16 judgement of the Madras High Court that refused anticipatory bail to the petitioner, noted that on September 3 the High Court had held that anticipatory bail will not be granted for the offences that involve illegal quarrying or transportation of mines and minerals. Full Story

2. A notice has been issued by the High Court of Delhi in a petition that was filed by the mother of one of the Muslim boys that were seen in the viral Jana Gana Mana video of February 2020 North-East Delhi riots. Further, the Court has directed the Crime Branch to file a status report regarding the progress of the investigation into the death of the petitioner’s son. The matter will be heard on 1st February 2021. Full Story

3. A petition challenging the reservation notification that was issued by the State Election Commission for local body heads on the ground that it leads to successive or consecutive reservations of the posts of Panchayat Presidents and Municipality Chairpersons has been dismissed by the Supreme Court. While dismissing the petition, a bench comprising Justices Indira Banerjee and Hemant Gupta observed that “Election process can’t be interfered with in the middle”. Full Story

23rd December, 2020 (Wednesday)

1. The Srinagar Bench of the Jammu and Kashmir High Court has admitted that Jammu and Kashmir residents can approach the National Human Rights Commission if they have any complaints about their human rights violations. Full Story

2. Three-year moratorium that was imposed by the Bar Council of India (BCI) has been set aside by the Punjab and Haryana High Court. It was held by a Single Bench of Justice Rekha Mittal that the BCI cannot impose a complete ban on opening new law colleges. Full Story

3. A petition has been filed in the Supreme Court requesting the West Bengal government to provide security to opposition leaders in the state to ensure that a free and fair assembly election is held in 2021. The petition also sought directions to the Election Commission to submit a detailed report regarding fraudulent or fake voters and also to take steps to remove them. Full Story

4. The division bench of Justices N. Kirubakaran and B. Pugalendhi of the High Court of Madras has passed an interim order hindering the advocates from wearing black gowns or coats and neckbands while participating in the strike and demonstrations. Full Story

22nd December, 2020 (Tuesday)

1. A guilty verdict has been declared yesterday for the 28-year-old Sister Abhaya case. Father Thomas Kottoor and Sister Sephy, a priest and nun of the Catholic Church, were found guilty of the murder, by the Special CBI Court of Thiruvananthapuram. Full Story

2. A letter has been forwarded by Justice DY Chandrachud, Judge of the Supreme Court and Chairperson of the apex court’s e-committee to the Chief Justices of the High Courts across India to have accessible infrastructure including digital ecosystems and to enable physically challenged Lawyers and Litigants for equal participation in the legal profession. Full Story

3. The petition is preferred in the Supreme Court seeking anti-corruption courts in all districts of India with a mandate to settle each case within a year. The petition was filed on behalf of the BJP Leader and Advocate Ashwini Upadhyay. It is also stated in the petition that the currency notes of above Rs 100 be demonetised to fight vigorously against black money. Full Story

21th December, 2020 (Monday)

1. In a set of government headed by BS Yeddyurappa, the High Court of Karnataka stayed an August 31 government order by which it was decided to drop criminal prosecution in 61 cases against elected Representatives and Ministers. A division bench comprising Chief Justice Abhay S Oka and Justice Vishwajith Shetty ordered that no further steps will be taken based on the order dated August 31, 2020. Full Story

2. Allowing the rape victim to terminate her pregnancy after a 20-week gestation, the High Court of Orissa on Tuesday said that the right of child and termination is a fundamental right under Article 21 of the Indian Constitution. Reliance was placed on Meera Santosh Pal vs Union of India, (2017), where the Supreme Court held that the right of women to have the option of reproduction is also a dimension of personal liberty as understood under Article 21 of the Constitution. Full Story

3. It was observed by the bench comprising Justices Uday Umesh Lalit, S. Ravindra Bhat and Hrishikesh Roy of the Supreme Court that the candidates belonging to reserved category, are eligible to fill general or open category vacancies also. The bench also held that the same principle should also be followed while filling vacancies in horizontal reservations in an open category. Full Story

4. While hearing a contempt case that was filed challenging the violation of a custody order passed by the Family Court, a Bench of Justice T. Amarnath Goud of High Court of Telangana said that “overnight custody” must be encouraged in possible conditions. The Telangana High Court also observed that “A parent cannot be a guest in the life of their child. If visitation rights only are granted for limited hours, it may not be sufficient for the child to have a comfortable time with the father or mother, whoever may be the case.” Full Story

19th December, 2020 (Saturday)

1. The bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah of the Supreme Court has observed that the caste ‘Gowari’ and ‘Gond Gowari’ are two distinct and separate castes. And, held that the High Court cannot decide whether a particular tribe is part of the Scheduled Tribe or not. Full Story

2. Criminal Defamation proceedings against Indian National Congress leader Jairam Ramesh by Vivek Doval, son of National Security Advisor Ajit Doval were quashed by the Delhi court after the senior Congress leader Jairam Ramesh apologized to Vivek Doval. However, the case against the leftist web portal The Caravan and its journalist to continue. Full Story

3. The Jammu and Kashmir High Court held that the court must release the accused if his investigation is not completed by the investigation agency within the time limit per the court. This observation was made by Justice Sanjay Dhar while granting a default bail to petitioner Gurudev Singh who had been arrested under the NDPS Act. Full Story

18th December, 2020 (Friday)

1. Allowing an appeal against the concurrent conclusion by the trial court and the High Court dismissing the suit filed by the plaintiff, the Supreme Court observed on December 17 that adverse conclusions can be drawn against a party who does not appear personally. The plaintiff has filed the appeal requesting for the relief for a permanent injunction. Full Story

2. The High Court of Kerala has held that the Guruvayoor Devaswom Managing Committee has no authority to contribute any amount to the Chief Minister’s Distress Relief Fund or to any other Governmental Agency from the Devaswom funds. Full Story

3. It was held by the Supreme Court that changing the name is an expression guaranteed under Article 19 (1)(a) of the Indian Constitution. A Single Bench of Justice Pankaj Bhatia has held this while hearing a writ petition that was filed by one Kabir Jaiswal. The petition was filed due to the rejection by the CBSE Board to change his name in CBSE certificates on the ground that the name change had not been reflected in the school records. Full Story

17th December, 2020 (Thursday)

1. The Supreme Court on Friday asked the Attorney General for India whether the central government could pledge that the controversial farm laws would not be enforced, while the court is hearing petitions to remove protests of farmers. Full Story

2. It was observed by the Supreme that after presenting the charge sheet, there is no embarrassment on the CBI to transfer the investigation. This was observed while directing the Central Bureau of Investigation to investigate the matter further, cancelling the anticipatory bail granted to the in-laws of the deceased woman in the dowry murder case. Full Story

3. The High Court of Gujarat has issued a notice on a petition that was filed by a law graduate, whose application for enrolment with the Bar Council of Gujarat has been pending for over a year. And, as a result, she is being deprived of the opportunity of appearing in the All India Bar Examination. The notice is returnable on December 21, 2020. Full Story

4. The Supreme Court has adjourned the PIL that was filed looking for the ban on stubble burning by Punjab and Haryana governments due to COVID-19 pandemic. The PIL has been adjourned till January 2021. Full Story

16th December, 2020 (Wednesday)

1. It has been held by the Supreme Court that the expression ‘existence of arbitration agreement’ given in section 11 of the Arbitration Act will include the aspect of the validity of the arbitration agreement. The courts should conduct a prima facie examination of the validity of the arbitration agreement under sections 8 and 11 of the Act. Full Story

2. The judicial magistrate has noticed the charge sheet that was filed by the Raigad police against Republic TV anchor Arnab Goswami and two other accused in 2018 Anvay Naik abetment to suicide case. It was informed to the Bombay High Court by Goswami’s lawyer, Senior Advocate Abad Ponda. Full Story

3. A Bench headed by CJI SA Bobde of the Supreme Court has expressed that a committee may be formed to resolve the deadlock and end the farmer’s protests. The committee will also consist of members of farmers organisation. This was observed while hearing a batch of PILs seeking removal of farmers protesting at Delhi borders against the three Farmers Acts. Full Story

15th December, 2020 (Tuesday)

1. While hearing a case looking for quashing of an FIR registered against a law student, an Advocate Dr. Abhinav Chandrachud of the High Court of Karnataka has said that Hindutva is not a religion and insult to it cannot be regarded as a religious insult. Full Story

2. The Bench of Chief Justice Sanjay Karol and Justice S. Kumar of High Court of Patna examined the advertisement that was issued by the Central Selection Board of Constable and directed the Bihar state to enable Transgender community to apply for the post of Constable. The Advertisement only specified the gender of the applicants as male or female and not whether the transgenders can apply. Full Story

3. A special leave petition that was filed by the Kerala state has been dismissed by the Supreme Court today. The petition demanded for a change in the judge that was holding the trial in the 2017 actor sexual harassment case, in which prominent Malayalam film actor Dileep is accused as a conspirator. Full Story

4. A bench comprising Justices L Nageswara Rao, Hemant Gupta and Ajay Rastogi of the Supreme Court has issued various directions to States/Union Territories so that they can meet the educational needs of children in Child Care Institutions (CCI) and children who have been restored to families from CCIs. The directions have been passed after accepting the suggestions made by amicus curiae Advocate Gaurav Agarwal. Full Story

5. While appearing a petition, the single judge bench of Justice Navin Chawla of the High Court of Delhi has stopped the AIIMS nurses union to continue the strike. The petition has been filed by All India Institute of Medical Sciences through Advocate V.S.R. Krishna, claiming that the strike was illegal and violates the Industrial Disputes Act. Full Story

14th December, 2020 (Monday)

1. A petition challenging the custom that is prevailing among the Dawoodi Bora community has been filed in the Supreme Court on December 14, 2020. According to the custom, the custody of the male child who is above 7 years of age goes to the husband. The petition has been filed by a Dawoodi Bora woman named Fatema Quaid Zohar Challawala. She said that the custom is “without any due process of law” and contrary to the judgments of the Supreme Court. Full Story

2. Owing to the petition filed due to tampering with the answer sheets, the High Court of Delhi has allowed fourteen National Eligibility cum Entrance Test (NEET) candidates to inspect their OMR sheets at the National Testing Agency (NTA) office. Along with this, they had also allowed the aspirants to take photographs of the original OMR sheets. Full Story

3. The Bar Council of Delhi has issued a statement insisting the Central Government to withdraw the controversial Farmers Acts and to restore the rights of farmers to get justice from the courts. The Council remarked that as the Acts were passed furiously, it needs to be amended with the consultation and advice of the farmers of the country. Full Story

12th December, 2020 (Saturday)

1. While deciding an appeal filed by Chandrakant Majagi, Advocate and Vice President of Belagavi Bar Association, the High Court of Karnataka has held that a writ petition under Article 226 of the Constitution is maintainable against the Bar Association. A division bench of Justice G Narendar and Justice M I Arun said that “It is held that the writ petition against the 3rd respondent Bar Association, a Society registered under the Societies Registration Act, is maintainable.” Full Story

2. A special leave petition has been filed by the Government of Uttar Pradesh in the Supreme Court against the decision of the Allahabad High Court passed on September 1, which quashed the detention of Dr Kafeel Khan under the National Security Act (NSA). Full Story

3. The Supreme Court has held that it is permissible to change a charge under Section 149 of the IPC to charge under Section 34 of IPC if the facts prove that the offence has been committed with a common intention. Full Story

4. On December 11, 2020, while hearing a PIL filed by Neelima Sadanand Vartak, the division bench of Chief Justice Dipankar Datta and Justice Girish S Kulkarni of the High Court of Bombay validated the Central Government’s decision to postpone MPLAD Dhan Yojana for two years because of COVID-19 pandemic. The writ petition was concerned with the directions from the Government of India to resume the MPLAD scheme so that the funds can be used for intended purposes that may include protection from the adverse effect of the pandemic. Full Story

11th December, 2020 (Friday)

1. A Principal Sessions Judge in Jammu & Kashmir has denied from participating in hearing for an application filed for anticipatory bail on the ground that Judge of the High Court had telephoned him to ensure that no bail was granted to the accused looking for anticipatory bail. Full Story

2. Today the Supreme Court has issued notices on two special leave petitions that were filed against a decision of the Kerala High Court relating to amendments brought in the Kerala Minimum Wage Rules. The High Court had stayed an amendment brought in the rules which mandated payment of wages electronically through bank accounts. Full Story

3. A Single Bench of Justice Suresh Kumar Rait of the Delhi High Court has allowed a regular bail application filed by Mohammad Iqbal. He was accused of rioting and murder in the Delhi riots case. The authorities have been directed to release Iqbal on furnishing a personal bond of Rs.15,000 along with a surety. Full Story

4. The High Court of Delhi has dismissed a plea seeking for a transfer of investigation of a case against Tablighi Jamaat leader Maulana Saad to the National Investigation Authority from the Delhi police. However, the advocate for the petitioner has been granted freedom to suppress the petition seeking similar relief by him before the Supreme Court. Full Story

5. Mumbai’s sessions court on Friday approved bail application filed by Priya Mukherjee, chief operating officer (COO) of Republic TV. She is an accused in the fake Television Rating Points Scam case filed by the Mumbai Police. The court directed Mukharjee to be released on a personal bond of Rs.50,000 in case of an arrest and asked her to appear before the concerned police station once in a week. Full Story

10th December, 2020 (Thursday)

1. A bill titled as Karnataka Prevention of Slaughter and Preservation of Cattle Bill, 2020 has been passed by the Karnataka Assembly on December 9, 2020, to ban the slaughter of all cattle except buffalo aged above the age of 13 years. The bill defines “cattle” as “cow, calf of a cow and bull, bullock and he or she buffalo below the age of thirteen years”. “Beef” is defined as “flesh of cattle in any form”. Full Story

2. A resolution disapproving the use of force and repressive measures against peaceful protestors has been passed by the Executive Committee of the Supreme Court Bar Association (SCBA). Full Story

3. The High Court of Delhi has denied hearing the petition and imposed costs of Rs 20,000 on the Anti-Corruption Council of India Trust. The petition has been filed looking for proper online classes in schools and also alleged that the schools were “over-charging” fees from students and were not allowing students to attend classes in case of failure in giving fee. Full Story

4. The Punjab and Haryana High Court has issued a notice on the plea and directed State Government to file its reply on a plea filed against fake social media accounts of the State Police Department of the Punjab and use of the names and symbol of the Punjab Police on such fake social media accounts. Full Story

9th December, 2020 (Wednesday)

1. The CRPF has been ordered by the Kerala High Court to take over the Kothamangalam Marthoman Cheriyapalli Church if the state could not comply to take control of it on or before 8 January 2021. Full Story

2. While hearing a civil contempt petition filed by 66-year-old Madhura Bai, the High Court of Karnataka has ordered the State Government to make a statement before the court on 21 December, whether they are willing to appoint a Nodal Officer(s), for the implementation of the orders passed by the court against Government officers, in their official capacity or not. Full Story

3. The High Court of Karnataka has reserved its order on the plea filed by international human rights body and Amnesty International’s India offices, challenging the communication issued by the Enforcement Directorate (ED) to banks directing them to freeze the accounts held by the trust. Justice P.S Dinesh Kumar has asked the Enforcement Directorate whether it is willing to allow the petitioner to make statutory dues like salaries, tax payments, etc. to the tune of Rs 40 lakh per month, from the five bank accounts which have been frozen by ED. Full Story

8th December, 2020 (Tuesday)

1. Chief Justice Gita Mittal and Justice Rajesh Bindal of Jammu and Kashmir High Court have launched the two-pronged initiative so that the litigants who live in remote or far-flung areas of Jammu, Kashmir, and Ladakh can file cases through existing postal service, without going to Courts. The initiative is titled as ‘Insaaf ki Dastak’. Full Story

2. While hearing the plea filed by two accused in the Bhima Koregaon case, Justice S.S Shinde and Justice M.S Karnik of the Bombay High Court has observed that “Humanity is most important. Everything else will follow. Today we learnt about Gautam Navlakha’s spectacles. This is high time to conduct a workshop.” Gautam Navlakha is currently lodged at Taloja Prison, and it was reported yesterday that his spectacles had been stolen on 27 November 2020 and the prison authorities have not allowed him to contact his family members after the incident happened. Full Story

3. Justice Rajesh Bindal, senior-most Judge of the Jammu & Kashmir High Court, has been appointed as an Acting Chief Justice of that High Court by Central Government. The notification has been issued for the retirement of Chief Justice Geeta Mittal, who will be abdicated from the office today. Full Story

7th December, 2020 (Monday)

1. The ongoing farmer’s protest has got the support of the Bar Council of Delhi. The press release states that it “fully supports the farmers’ demand” and “urges upon the Government of India to consider the genuine demands of the farmer community”. The press release said that India’s lawyer fraternity has decided to extend its support to the farmers and will join the BHARAT BAND on December 8, 2020. Full Story

2. A bench of Justices AM Khanwilkar & Sanjiv Khanna of Supreme Court has denied quashing the FIR lodged against Journalist Amish Devgan for his remarks against Sufi Saint Moinuddin Chishti. However, all the FIR’s filed against Devgan has been clubbed and transferred to Ajmer. Full Story

3. A Bench headed by Justice L. Nageswara Rao of Supreme Court has refused to consider the plea filed by PC George, MLA of Kerala looking for the adjournment of local body polls in the state scheduled to start from tomorrow (December 8, 2020). Full Story

4.What kind of plea is this? After 30-35 year“- The Supreme Court noted on Monday while adjourning the petition filed by the 94-year-old widow, looking for the declaration of proclamation of emergency in 1975 as unconstitutional. The plea also demanded for the compensation of Rs. 25 crores from the officials that have participated in it. Full Story

5. The Delhi High Court has got information by the Centre that transgender people will now be included as a separate gender category in the Prison Statistics Report prepared by the National Crime Records Bureau (NCRB). Full Story

5th December, 2020 (Saturday)

1. A charge sheet has been filed by the Raigad police on December 4, 2020, against Republic TV editor-in-chief Arnab Goswami and two others in a 2018 Anvay Naik abetment of suicide case. The names of the other two accused in the charge sheet are Firoze Sheikh and Nitish Sarda, as said by the special public prosecutor Pradeep Gharat. Full Story

2. The bench of Justice Sanjeev Prakash Sharma has dismissed a plea of a couple for police protection. While dismissing the plea, the Rajasthan High Court (Jaipur Bench) has observed that “the married persons living with somebody else’s spouse would amount to committing an immoral act and a seal of approval cannot be given by this Court by directing the police to give them protection”. The plea has been dismissed with a cost of Rs.10,000/- that is to be deposited with the Rajasthan High Court Bar Association within 30 days. Full Story

3. The NLU Consortium has decided to consider whether the choice of optional questions should be given to PwD candidates (Person with Disabilities) in the CLAT exam. The decision is taken so that candidates with some disabilities do not have any disadvantage in comparison with other candidates. Full Story

4. The Allahabad High Court has given police protection to a couple who wish to live together, whereas viewing live-in relationships between consenting adults is not a crime. A division bench of Justice Anjani Kumar Mishra and Justice Prakash Padiya presented arguments while hearing a petition filed by the couple, a man aged 28 years old and woman 24 years old. They wanted to live together but was feared as there was a possibility of being harassed and intimidated by the members of their family. “The High Court observed that it’s a settled law that nobody has the authority to interfere with a man and a woman who are adults and living together with their free will, including their parents.” Full Story

4th December, 2020 (Friday)

1. Delhi High Court has granted bail to journalist Rajeev Sharma, who was arrested on charges of leaking sensitive information to Chinese intelligence. The court held that when no minimum sentence is prescribed, an accused is entitled to default bail if the charge sheet is not filed within 60 days. Full Story 

2. The Madras High Court has issued several guidelines for conducting an inquiry under Section 176(1)(a) of CrPC in cases of unnatural deaths in custody. It is now mandatory that the body of the deceased, from the front and back both, will be shown to the families and they will also be allowed to take photos and videos. Full Story

3. A writ petition has been filed in the Supreme Court by Rishabh Sharma, a law student, through Advocate Om Prakash Parihar looking for the direction that the protesting farmers be asked to move to designated places for protest and to also give instructions related to COVID-19 norms to them. The petition states that the protesters are “posing a hurdle for accessing emergency medical services”. Full Story

4. IT Training programme has been organised by the Uttarakhand High Court to increase the skills of technologically “deprived and deficient” lawyers of the state. The programme has been started from December 4, 2020, at 5.00 PM onwards in all the thirteen districts of the state. Justice Ravi Malimath, Acting Chief Justice of the Uttarakhand High Court has developed the thought of the programme. Full Story

5. The Karnataka High Court has directed the State, on Friday, to reconstruct huts or structures of uniform pattern for the families whose houses were burnt by unknown miscreants near the Kachakaranahalli slum in Bengaluru East. The reconstruction work is to be done by the state at its own cost within two months. Full Story

6. A petition has been filed by five individuals through Advocate Vishnu Shankar Jain requesting for declaration of bigamy (the offence of marrying someone while already married to another person) as unconstitutional for all religions. In the petition, he has also requested that Section 494 of Indian Penal Code (IPC) and Section 2 of Muslim Personal Law (Shariat) Application Act, 1937 which enables Muslim men to take more than one wife to be declared unconstitutional. Full Story

3rd December, 2020 (Thursday)

1. It was ruled by the High Court of Delhi on November 26, 2020, that an HIV-positive patient cannot be convicted for the offence given under section 307 of the IPC i.e. attempt to murder if he had sexual intercourse without the consent of the woman. Instead, he is liable to be punished under section 270 of the IPC. Full Story

2. A three-judge bench headed by Justice Ashok Bhusan of Supreme Court dismissed the writ petition filed by Skill Loto Solutions Pvt Ltd which challenged the imposition of GST on lotteries. The object behind the petition was that it violates Articles 14, 19(1)(g), 301, and 304 of the Indian Constitution. Full Story

3. Republic TV Chief Arnab Goswami has filed an urgent interim application before the Bombay High Court and sought a stay on the filing of the charge sheet and further proceedings in the Anvay Nayak’s suicide case of 2018. He requested the court to transfer the investigation of the case to the CBI or any other independent agency if in case the relief of stay is not permitted. The matter will be heard by the Bombay High Court on December 10, 2020. Full Story

4. The central government has accepted the plea of ​​Advocate Ashwini Kumar Upadhyay demanding a lifetime ban on convicted politicians, including sitting lawmakers from contesting elections, to forming a political party and being a political party official as well. As per current law, a six-year ban is imposed from the date of release after undergoing a sentence of two years or more than that. Full Story

2nd December, 2020 (Wednesday)

1. The Central Crime Branch of Chennai took the ex-Judge of Madras and Calcutta High Court, CS Karnan, into custody for his online videos in which he abused the other judges and also threatened the wives of them to rape. Full Story

2. A total ban on the sale and use of firecrackers during the COVID-19 pandemic has been imposed by NGT (National Green Tribunals) on December 1, 2020, in the NCR and all cities/towns in the country where the ambient air quality comes under the ‘poor’ and above category. Full Story

3. The Supreme Court has observed that the state and union territories’ government should ensure that CCTV cameras and recording equipment are installed in every police station functioning under them. The Central Government should make sure that the offices of central agencies like CBI, NIA, ED, NCB, DRI, etc. also have CCTV and recording equipment. Full Story

4. Anticipatory bail plea of an accused in an eve-teasing case has been dismissed by the Supreme Court on December 1, 2020. The division bench of Justice L. Nageswara Rao and Hemant Gupta said: “In a public place in Jalandhar, you are teasing a young girl, threatening her family? Make your arguments at the time of regular bail. You are not entitled to anticipatory bail!Full Story

1st December, 2020 (Tuesday)

1. A special leave petition by the Kerala government has been filed in the Supreme Court challenging the order of Kerala High Court that dismissed the applications filed by the prosecution and the victim looking to change the judge holding the trial in the sensational actor sexual assault case of 2017. Prominent Malayalam actor Dileep is the eighth accused in this case. Full Story

2. While disposing of a habeas corpus petition filed by Wajid Khan looking for the release of his lover Ramya from confinement, the Karnataka High Court has held that the right of anyone to marry a person of their choice irrespective of caste or religion is a fundamental right. Full Story

3. Mohammad Yusuf Tarigami, a veteran Communist Party of India (Marxist) (CPI(M)) leader, has moved to the Supreme Court challenging the recent order of the Union Home Ministry, which allows people from all over India to buy land in the territory of Jammu and Kashmir, including agricultural land. Full Story

4. The Supreme Court has dismissed the Kerala Government’s plea against the Kerala High Court’s decision to transfer the further investigation of the Periya twin murder case of Kripesh and Sarath Lal to the CBI. Kripesh and Sarath Lal were members of the Congress party. Full Story

30th November, 2020 (Monday)

1. A plea looking for interim and full compensation for the victims has been filed in the Delhi High Court. The riot broke out in the northeast district of Delhi. While issuing notice, the Single Bench of Justice Navin Chawla has also directed the Delhi Government to file a counter-affidavit within four weeks. Full Story

2. Ashok Gehlot, Rajasthan Chief Minister, has written a letter on Sunday to Prime Minister Narendra Modi pleading to him to reconsider farm laws. He has brought the issue of Minimum Support Price (MSP) in the letter, and he also informed PM Modi of the amendments made by the Rajasthan government in three laws to protect the interest of the farmers. Full Story

3. While hearing a PIL filed by Advocate Vishal Awtani, the division bench of Chief Justice Vikram Nath and Judge JB Pardiwala of Gujarat High Court has observed that imposing fines for not wearing masks is not acting as a sufficient deterrent among the people and the state government may engage violators at COVID-19 centres. The Court will take the final decision after discussing the matter with the State Government on December 1, 2020. Full Story

4. The District Inspector of Schools (DIOS), Ghazipur, has been summoned by the Allahabad High Court for stopping the salary of a principal and a Class III employee without any genuine reason. The Court has asked the DIOS to clarify the situation. The next hearing will be held on December 14, 2020. Full Story

28th November, 2020 (Saturday)

1. The members of the Bar have approached the Jail Superintendent of Taloja Jail to arrange necessities for all the prisoners who have special medical needs as per the jail manuals after an 83-year-old Father Stan Swamy has moved to NIA Court. He moved to the Court for seeking adequate facilities at the Taloja Jail as he is unable to drink water from the glass due to medical reasons. A group of lawyers has sent the straws and sippers for him in the jail. Full Story

2. The Governor of Uttar Pradesh, Anandi Ben Patel, has signed the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020 (Uttar Pradesh Vidhi Viruddh Dharm Samparivartan Pratishedh Adhyadesh). Cabinet of Uttar Pradesh on Tuesday (November 24) has approved the draft ordinance, which outlawed religious conversion to the non-bailable and cognizable offence (section 7). Full Story

3. The state government has been directed by the Patna High Court to file a detailed report on the actions that are being taken to control the COVID-19 epidemic in the state. The next hearing will be held on December 8, 2020, and the government will have to submit the report by the same date. Full Story

4. Keeping in mind the outbreak of the COVID-19 epidemic, the Ministry of Environment, Forest and Climate Change has revised the Environmental Impact Assessment Notification, 2006. Previously granted environmental clearances whose validity expires in the financial year 2020-2021 will be extended from March 31, 2021, or six months from the date of expiry of the validity, or six months from the date of expiry of the later validity. “Environmental clearance” is the procedure to get clearance from the government for the ‘installation’ and ‘modification’ of certain projects. It is mandatory for projects which can cause high environmental pollution. Full Story

27th November, 2020 (Friday)

1. The Bombay High Court has granted relief to actress Kangana Ranaut by quashing the demolition notice against her property. The Court has ordered compensation against the loss caused to Kangana’s property, and for this purpose, a valuer has also been appointed. Full Story

2. The Supreme Court, in its judgement in the Arnab Goswami case, has observed that a High Court has the power to grant bail based on the facts of each case. In suitable cases, they can do so by invoking Article 226. Full Story

3. The Central Government has blamed the Delhi Government for not taking proper steps regarding COVID-19. The matter is being heard by a bench comprising Justices Ashok Bhushan, R. Subhash Reddy, and M.R Shah. Full Story

4. Justice Suneet Kumar of Allahabad High Court has passed the order directing the state government to take no forced or violent action against Salim Qasim, a member of Maulana Johar Ali Trust and close to Rampur MP Ajam Khan. Full Story

26th November, 2020 (Thursday)

1. The Bar Council of India (BCI) has provided that new Madhya Pradesh lawyers, whose provisional license period has completed two years, can practice till the All India Bar Council Examination is held again. They will continue to be provisions lawyers until AIBE is conducted. Full Story

2. Rhodes Scholarship of 2021 has been won by India’s two law students– Anupriya Dhonchok, a final student of Nation Law University, Delhi, and Misbah Reshi, a final year student of Campus Law Centre, Faculty of Law, University of Delhi. The Rhodes Scholarship allows the student to pursue postgraduate study at the University of Oxford. Full Story

3. The petition of a social worker looking for the direction of the authorities for the reconstruction of the Perumbuzha bridge has been rejected by the Kerala High Court. The Kerala High Court upheld that PIL has been filed purely based on a paper report and is not maintainable. Full Story

4. Special NDPS (Narcotic Drugs & Psychotropic Substances) has today granted bail to Kshitij Prasad, producer of Dharma Productions Company. He was arrested in connection with a drug case. Full Story

5. A plea filed by Skoda Volkswagen for quashing a fir registered in UP for allegedly installing cheat devices in its car has been dismissed by the Supreme Court today. Full Story

25th November, 2020 (Wednesday)

1. Relief has been provided to a woman who escaped from home to marry a man. According to the petition, she was missing from September 12, 2020. The Delhi High Court held that as she is a major, she can reside wherever she wants and with whoever she wishes. Full Story

Related: Live-In Relationship in India – Is it Allowed by Law?

2. A plea to transfer the sacrilege cases outside of Punjab has been dismissed by the Supreme Court. The plea was filed by the Dera Sacha Sauda members, which is headed by a jailed rapist criminal, Gurmeet Ram Rahim. Full Story

3. A plea on behalf of the advocate C.R Jaya Sukin has been filed to use ballot paper instead of electronic voting machines (EVM) for the upcoming elections. The petitioner said that “Voting through ballot papers is a more reliable and transparent method for the electoral process of any country.” Full Story

4. A lawyer has written a letter to PM Narendra Modi requesting him to add a new section 493A in the Indian Penal Code (IPC) to stop Love Jihad. Full Story

24th November, 2020 (Tuesday)

1. Order on the anticipatory bail application filed by Chief Operating Officer Priya Mukherjee of ARG Outlier Media Private Ltd that runs Republic TV & Republic Bharat channels will be passed by the Karnataka High Court on Wednesday. Full Story

2. Plea filed by Tej Bahadur, ex-border security force (BSF) constable challenging the election of Prime Minister Narendra Modi, has been dismissed by the three judges bench of Chief Justice S.A. Bobde, Justices A.S. Bopanna, and V. Ramasubramanian. The court held that since Tej Bahadur is neither a candidate nor an elector from the said constituency, he can not question the election of PM Modi. Full Story

3. Justice Navin Chawla of the Delhi High Court asked the Delhi Government why spas are not allowed to open. On behalf of the government, the Counsel said that the centre had issued instructions on November 18 to allow spas to open, but due to the rise in COVID-19 cases, they are closed now. The court will hear the matter on December 4, 2020. Full Story

4. The defence of ‘grave and sudden provocation‘ taken by a lover who murdered a girl by stabbing a knife on her refusal to accept his marriage proposal is dismissed by the Karnataka High Court today. Full Story

23rd November, 2020 (Monday)

1. Due to the rise in covid-19 cases in the National Capital Territory of Delhi, the High Court of Delhi has resolved to extend the subsisting arrangement of hearing the matters till January 16, 2021. This decision is taken by the full Court by circulation. Full Story

2. Bail has been granted to student activist Gulfisha Fatima by the Karkardooma Court of Delhi on November 21, 2020. But she will have to remain in judicial custody in connection with a UAPA Case. She was arrested on the ground that she had conspired and had been indulged in regular instigation of the local protestors and rioters since December 2019 under the garb of peaceful protest against CAA, NRC and NPR. Full Story

3. The Delhi High Court while hearing a plea filed by Mohd Munis Siddique*, a law graduate, has directed the Jamia Milia Islamia University to issue mark sheet, necessary degree and other documents to him within three days. A bench of Justice Jayant Nath was hearing the plea. Full Story

* The student was losing his opportunities for higher education and employment because he was not getting his degree and documents by the university; so he had filed the petition.

4. A petition has been filed by Delhi Trade Union advocate Rajeev Agarwal before the Delhi High Court to provide paid leave and overtime pay for women employees during menstruation. The petition was heard by the division of Chief Justice DN Patel and Justice Prateek Jain. The petitioner also urged that clean toilets and sanitary napkins should also be provided to them. Full Story

WritingLaw » Law News » December 2020 – Law News for Students and Advocates Law Study Material
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